Public Hearing: YES ☐ NO ☒ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): 2 & 6
Appeal of a Decision of the Historic Preservation Commission at 1035 Oxford Road
Body
INFORMATION CONTACT: Rachel Bragg, Zoning Administrator
PHONE NUMBER: 404-371-2155
STANDARD OF REVIEW:
Chapter 13.5-8 (12) allows an applicant to appeal a decision by the Historic Preservation Commission to the Board of Commissioners. The appeal shall be limited to a review of the record of the proceedings before the preservation commission. The standard of review shall be an abuse of discretion. An abuse of discretion exists where the record presented to the governing authority shows that the preservation commission exceeded the limits of its authority or that the preservation commission's decision was not based on factors set forth in the section 13.5-8(3) or the guidelines adopted by the preservation commission pursuant to section 13.5-6 or that the preservation commission's decision was otherwise arbitrary and capricious. If the governing authority finds no abuse of discretion, then it may affirm the decision of the preservation commission. If the governing authority finds that the preservation commission abused its discretion in reaching a decision, then it may reverse the preservation commission's decision, or it may reverse the preservation commission's decision and remand the application to the preservation commission with direction.
PURPOSE:
Appeal of the February 18, 2025 decision of the Historic Preservation Commission to deny demolition of a historic property and the construction of a new house 971 Oakdale Road.
SUMMARY:
Recommended Action
"The appellant asserts that the DeKalb County Historic Preservation Commission’s determination regarding the application for the property located at 1035 Oxford Road was arbitrary and capricious, as the Commission’s decision to deny the application for demolition failed to acknowledge the structure reports submitted by the applicant, the staff’s recommendation, and did not cite guidelines when making their determination. Furthermore, the appellant asserts that the Commission’s decision is based on factors outside the scope assigned to the Commission and exceeds the limits of the Commission’s authority, as the Commission took into consideration the interior of the property and attempted to dictate each detail of the proposed rebuild plan. "